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(영문) 수원지방법원 2020.06.17 2019가단566587
사해행위취소
Text

1. As to shares 2/13 of the real estate listed in the Schedule,

A. It was concluded on April 7, 2016 between the Defendant and D.

Reasons

1. Facts of recognition;

A. The plaintiff's claim against Eul (1) filed a lawsuit against D with the Seoul Central District Court 2006Gada1414975, and on November 9, 2006, the above court rendered a judgment that "D shall pay to the plaintiff 9,919,276 won and 5,486,80 won with interest of 6% per annum from September 25, 2003 to November 8, 2006, and 20% per annum from the next day to the day of complete payment."

(2) Then, the Plaintiff filed a lawsuit against D with the Seoul Central District Court 2010da1271274, and on November 24, 2010, the said court rendered a judgment that “D shall pay to the Plaintiff 16,209,230 won and 10,435,58 won with interest of 19% per annum from April 12, 2002 to the date of full payment.” The said judgment became final and conclusive around that time.

B. On April 7, 2016, while holding the real estate listed in the separate sheet (hereinafter “instant real estate”), F, as the co-owners of the instant real estate, died on April 7, 2016, and there were the Defendant (the spouse: 3/13) and G, H, D, I, and C (the share of inheritance: 2/13) as their children.

(2) On April 7, 2016, D, Defendant, and inheritors agreed on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with the content that the Defendant would own the instant real property, and the Defendant completed the registration of ownership transfer on May 24, 2019 for the instant real property by agreement and division.

C. D’s insolvent, at the time of the agreement on the division of the inherited property of this case, did not have any property other than 2/13 shares in the instant real estate, which is one’s own inherited shares, but did not exceed obligations such as bearing the said debt against the Plaintiff.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 4 (including each number; hereinafter the same shall apply) and the whole pleadings.

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